SAUDAGAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 6-6-1992 case F.I.R. No. 121, under Sections 148, 149, 307 and 302, I.P.C., read with Section 25 of the Arms Act was regis tered at Police Station, Chhainsa against Mohinder respondent and others for committing the murder of Lal Singh and Gurdev Singh. As per averments made in the first information report at the time of occurrence Mohinder and his co-accused Aidal, Bijender, Kamal and Jaggi were armed with guns. On the exhortation of co-accused Inami Aidal fired a shot from his gun which hit Lal Singh on his face. The second shot was fired by Mohinder which also hit Lal Singh on his face and neck. After his arrest in the case Mohinder applied for release on bail and Additional Sessions Judge, Faridabad admitted him to bail vide his order dated 23-9-1992 Annexure P 1. Bail application filed by co-accused Aidal was, however, dis missed by the learned Sessions Judge, Faridabad, on 8-4-1993 as per order Annexure P. 2 wherein it was observed that co-accused Mohinder was granted bail on some mistaken appreciation of facts. The State of Haryana thereafter moved an application under Section 439(2) Cr. P.C., for cancellation of fail allowed to Mohinder which was dismissed by the Additional Sessions Judge, Faridabad on 27-7-1993. The present petition has been filed by Saudagar Singh complainant for cancellation of bail of Mohinder respondent granted vide order Annexure P. 1. It was alleged that at the time of occurrence respondent No. 2 was armed with a gun and he fired a shot which hit Lal Singh on his face and neck. The part attributed to respondent No. 2 and his co-accused Aidal was almost on the same footing. The doctor who conducted past-mortem examination observed fire-arm injuries on the face, neck and skull of Lal Singh and in view of the grave offence committed by Mohinder he was wrongly allowed bail.

(2.) Notice of this petition was given to respon dent No. 2 but no reply was filed on his behalf.

(3.) I have heard the counsel for the parties.